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HomeMy WebLinkAbout04-19-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING APRIL 19, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:34 a.m., Monday, April 19, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Minor, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. City Attorney Penman announced that the following additional cases would be discussed in closed session: Saab vs. city of San Bernardino - San Bernardino Superior Court Case No. 234561; Valerie Pope-Ludlam and Michelle Beaureqard vs. R. Ward. et al - San Bernardino Superior Court Case No. SCV01775. RECESS MEETING - CLOSED SESSION At 8:34 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) community for the a. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to section 54956.9{b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending section decide 1 4/19/93 d. to consider personnel matters pursuant to Government Code section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of pUblic buildings or a threat to the pUblic's right of access to public services or public facilities pursuant to Government Code section 54957; f. to give instruction to the negotiator on the purchase of Government Code section 54956.8. which the negotiations concern is City's/Commission's property pursuant to The real property generally located at The identity of each authorized is: person with whom negotiations are ; g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; City license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblefield Construction Company. et al vs. city of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz. et al vs. James F. Penman. et al. - united States District Court Case No. 91-5757; Julie M. Thompson vs. united States District (RWRx); city Court of San Bernardino. et Case No. SA CV-92-888 al- GT Leslie Bond vs. Community Development Commission. et al- San Bernardino Superior Court Case No. 276373; Kenneth Florence vs. civil Service commission and Community Development Department - San Bernardino Superior Court Case No. 261625; Kranyac vs. County of San Bernardino. et al - united States District Court Case No. SACV 400 - GLT. 2 4/19/93 CLOSED SESSION At 8:34 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Minor, Miller; city Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. Also present: Senior Assistant City Attorney Barlow, Deputy City Attorney Roth, Margaret Scroggins, Administrative Operations supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER At 8:51 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the MAYOR HOLCOMB EXCUSED At 8:59 a.m., Mayor Holcomb left the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 9:00 a.m., Deputy city Attorney Roth left the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 9:02 a.m., Council Member Estrada arrived at the closed session. CITY ATTORNEY PENMAN EXCUSED At 9:20 a.m., city Attorney Penman left the closed session. ADJOURN CLOSED SESSION At 9: 30 a. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:31 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 4/19/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Rev. John Welch, Immanuel Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT COUNCIL MEMBER HERNANDEZ NEGOTIATION - CLOSED SESSION ITEM PROPERTY (2) council Member Hernandez made a motion, seconded by Council Member Miller, that Council Member Maudsley be involved in the lease purchase negotiations with Mayor Holcomb for the property discussed in Closed Session. (Note: There was no vote taken on this item.) PROCLAMATION RENAISSANCE PLEASURE FAIRE APRIL 17, 1993 TO JUNE 6, 1993 SEASON- (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the eight weekends from April 17, 1993 through June 6, 1993 as Renaissance Pleasure Faire Season. Kevin Patterson accepted the proclamation. PROCLAMATION - LAW ENFORCEMENT DAY - MAY 6, 1993 (4-A) J. Lorraine Velarde, Executive Assistant to a proclamation declaring Thursday, May 6, Enforcement Day in recognition of law enforcement community. the Mayor, read 1993, as Law agencies in our Larry President, Chamber of Graham, President, Judi Thompson, Executive Vice and Donna Dawson, Dinner Chair, of the San Bernardino Commerce, accepted the proclamation. PROCLAMATION - HEALTH FAIR EXPO DAY - APRIL 20, 1993 (4-8) J. Lorraine Velarde, Executive Assistant to the Mayor, read a prOClamation declaring Tuesday, April 20, 1993, as Health Fair EXpo Day. Jack Longo, Health Fair Expo site Coordinator, accepted the proclamation. 4 4/19/93 COUNCIL MEMBER ESTRADA EXCUSED At 9:49 a.m., Council Member Estrada left the Council meeting. PROCLAMATION - NATIONAL LIBRARY WEEK - APRIL 17, TO APRIL 24, 1993 1993 (4-C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of April 17 through April 24, 1993, as National Library Week. Robert Ewing, City Librarian, accepted the prOClamation. PROCLAMATION - REVEREND JAY EDWIN LLOYD - MONROVIA, LIBERIA (4-D) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation honoring Reverend Jay Edwin Lloyd from Monrovia, Liberia, for his efforts in assisting the people of Liberia in establishing peace. Reverend Lloyd accepted the proclamation. SERVICE PIN AWARDS CEREMONY (4-E) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that the Mayor and Council restore additional funding to the Library so that library hours can be extended to the levels they were at prior to budget cuts imposed in FY 1991/92. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. WAIVE FURTHER READING OF ALL RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the minutes of the 5 4/19/93 following meetings of the Mayor and Common Council of the city of San Bernardino, be approved as submitted in typewritten form: December 21, 1992, February 1, 1993, February 15, 1993, and February 22, 1993. CLAIMS AND PAYROLL (9) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated March 31, 1993, from the Director of Finance, be approved. PERSONNEL ACTIONS (10) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated April 8, 1993, in accordance with civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (11) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to May 24, 1993. RES. 93-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD MAY 4, 1993. (16) RES. 93-112 - RESOLUTION OF AUTHORIZING THE EXECUTION BERNARDINO ART ASSOCIATION. THE CITY OF SAN BERNARDINO OF A SUBLEASE WITH SAN (17) RES. 93-113 AUTHORIZING BERNARDINO RELATING TO - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF A SUBLEASE WITH SAN VALLEY COMMUNITY CONCERT ASSOCIATION, THE USE OF STURGES AUDITORIUM. (18) RES. 93-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PREPARATION AND EXECUTION OF APPLICATIONS AND AGREEMENTS FOR SAN BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBUTION PROGRAM AT MILL COMMUNITY CENTER. (19) 6 4/19/93 RES. 93-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT. (WEED ABATEMENT) (20) RES. 93-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO C. P. CONSTRUCTION COMPANY, INC. FOR INSTALLATION OF A STORM DRAIN IN MILL STREET, FROM PENNSYLVANIA AVENUE TO RANCHO AVENUE. (21) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 93-111, 93-112, 93-113, 93-114, 93-115, and 93-116 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope-Ludlam. ORD. MC-869 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY. Final (23) ORD. MC-870 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MUNICIPAL CODE SECTION 14.08.110 REGARDING THE TIME FOR PAYMENT OF FRANCHISE FEES. Final (24) Council Member Hernandez made a motion, seconded by Council Member Minor, that said ordinances be adopted. Ordinance Nos. MC-869 and MC-870 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:10 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. INTERCONNECT & MODIFY TRAFFIC BUSINESS DISTRICT - APPROVAL OF TO ADVERTISE FOR BIDS SIGNALS CENTRAL PLANS & AUTHORIZATION (7) In a memorandum dated April 8, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for interconnecting and modifying the traffic signals in the Central Business District have been completed and the project is ready to be advertised for bids. The project consists of completing the interconnect systems, and upgrading the traffic signals with pedestrian signals and push buttons. The total estimated project 7 4/19/93 cost is $778,000. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the allocation of $778,000 in Congestion Management Air Quality (CMAQ) Funds to Account No. 242-362-57306, "Interconnect & Modify Traffic Signals in the Central Business District", be approved; and that the plans for interconnecting and modifying the traffic signals in the Central Business District, in accordance with Plan No. 8805, be approved and the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the project funding, and explained that the total estimated project is $838,000, not the $778,000 listed in the staff report, because $60,000 had been previously allocated for preliminary engineering costs. Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to funding traffic lights with pedestrian signals and push buttons. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. PAVEMENT REHABILITATION - ARROWHEAD AVENUE STREET TO THIRD STREET APPROVAL OF AUTHORIZATION TO ADVERTISE FOR BIDS FROM MILL PLANS & (8) In a memorandum dated April 6, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that plans for the rehabilitation of pavement on Arrowhead Avenue, from Mill Street to Third Street, have been completed. The project consists of reconstructing the pavement and installing drainage facilities at Mill Street to allow removal of the dip. The total estimated project cost is $807,000. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the project funding, and explained that after $500,000 in bond proceed funds had been allocated from the Economic Development Agency, the city was fortunate to obtain federal aid funds; therefore, it was determined that it would be preferable to use the federal aid funds for this project and retain the bond proceed funds for a later project. 8 4/19/93 council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the plans for rehabilitation of the pavement on Arrowhead Avenue, from Mill street to Third street, in accordance with Plan No. 8815, be approved; and that the Director of Public Works/city Engineer be authorized to advertise for bids. The motion carried by the fOllowing vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Nays: None. Abstain: Council Member Estrada. Absent: Council Miller. None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. RES. 93-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVISION OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1993 EXPOSITION. (12) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-117 was adopted by the fOllowing vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. RES. 93-118 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENDORSING THE CREATION OF A SERVICE AUTHORITY BY THE SAN BERNARDINO COUNTY BOARD OF SUPERVISORS AND A MAJORITY OF THE CITIES IN THE COUNTY WITH A MAJORITY OF THE POPULATION TO PROVIDE FOR A ONE DOLLAR ($1.00) VEHICLE REGISTRATION FEE TO BE USED FOR THE PURPOSE OF ABATING ABANDONED, JUNKED AND INOPERATIVE VEHICLES WITHIN THE CITY, AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS PERTAINING TO THE SAME. (13) Shauna Clark, city Administrator, explained that the proposed program for funding the vehicle abatement program would save the general fund approximately $55,000 annually. Jeff Wright, P.O. Box 2341, opposition to establishing this registration fee. San Bernardino, CA, expressed fee as part of the vehicle 9 4/19/93 council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-118 was adopted by the following Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. RES. 93-119 RESOLUTION OF COUNCIL OF THE CITY OF SAN EXECUTION OF A CONFIDENTIALITY SOUTHERN CALIFORNIA GAS COMPANY. THE MAYOR AND COMMON BERNARDINO APPROVING AGREEMENT WITH THE (14) City Attorney Penman explained that the resolution should be amended by interdelineation on page one, line eighteen, to read lithe Gas Company will provide this certain information." Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated his opposition to this agreement with the Southern California Gas Company. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-119 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (15) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 93-120 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED At 10:37 a.m., Council Member Estrada left the Council meeting. RES. 93-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FRANKSON I S INC FOR THE FURNISHING AND DELIVERY OF TWO (2) EACH, NEW THREE WHEELED UTILITY VEHICLES, TO BE UTILIZED BY THE FLEET DIVISION IN ACCORDANCE WITH BID SPECIFICATION F-93-14. (22) 10 4/19/93 council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 93-121 was adopted by the fOllowing vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. RECESS MEETING At 10:39 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 10:50 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Pope-Ludlam; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Holcomb. PUBLIC HEARING - FIRE NEGOTIATIONS IMPASSE HEARING (25) This is the time and place set for a public hearing regarding the Fire negotiations Impasse Hearing. In a memorandum dated April 7, 1993, Barbara Dillon, Director of Personnel, stated that on July 1, 1992, the contract with the Fire Safety employees expired. The previous contract was for eighteen months, January 1, 1991 to July 1, 1992. Under that contract, the Fire Safety employees received compensation and benefits, including: 7% City paid retirement contribution; employees' retirement plan allowing members to retire at age 50, using "highest 12 month" retirement formula; salary adjustments effective each August 1, per the City Charter, section 186; City paid medical insurance of $353.40 per month for employee plus one or more dependents, and $179.65 per month for the employee only, with no dependents; educational/longevity pay of $75 per month above base rate (76 employees qualify); time off without loss of pay for employees elected to the Union Board (288 hours per calendar year, cumulative to 576 hours); and annual and final year sell-back of six shifts of holiday and ten shifts of vacation, conversion of final year sell-back to salary reportable to the Public Employees' Retirement System (PERS). The Fire Safety Employees received salary increases ranging from 2.6% to 4 .1% effective August 1, 1992, for a total cost of $352,635. On March 3, 1993, after sixteen negotiation sessions, and one year after beginning negotiations with Fire Local 891, the City Team declared impasse. Impasse meetings were held on March 11 4/19/93 10, March 12, and March 19, 1993. Option B of the impasse procedures from Resolution No. 10584 is being followed so that after a hearing on the merits of the dispute a determination can be made by the Mayor and Common Council. The City Team proposes a net reduction of $347,221, by reducing the City contribution to PERS; freezing the City contribution on health insurance; reducing tuition reimbursement; deleting the educational/ longevity pay, deleting the final year sell-back, and deleting the city paid leave for Union functions. Fire Local 891 has made costly demands which the City cannot fund, which total $357,419, and do not take into account $352,625 in salary increases effective August 1, 1992 under Charter section 186; and $265,529 in unfunded liability on PERS final year sell-back for four Fire Safety employees, an average of $66,382 per employee. The City Team proposal fits within the budget constraints for Fiscal Year 1993/94, and reduces the City's unfunded liabilities for Fiscal Year 1994/95. Mayor Pro Tem Pope-Ludlam opened the hearing. CITY ATTORNEY PENMAN EXCUSED At 10:55 a.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Barlow. Barbara Dillon, Director of Personnel, presented an overview of the negotiations during the past twelve months. Discussion ensued regarding whether the impasse hearing should hearings scheduled for May, 1993. the City Team proposal and be postponed until the budget city Administrator Clark answered questions regarding the negotiations, and explained that the unknown factor in the budget process is what the Mayor and Council will choose to do based on the options that will be presented by staff. She explained that once the budget is adopted, then it will be easier to determine the best course of action for the Fire negotiation impasse hearing. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 11:17 a.m., Senior Assistant city Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Roth. Karl Kolodcik, President, San Bernardino/Rialto Firefighter Local 891, P. O. Box 2703, San Bernardino, CA, felt that there were discrepancies in the city's budget figures; and expressed a desire to continue with further negotiation. Mr. Bashaw, aFire Department City's budget figures relating to employee, stated Fire Department that the employee 12 4/19/93 benefits were not accurate. A discussion was held regarding whether or not to postpone the impasse hearing until the budget hearings in May, 1993. Ms. Clark answered questions regarding the employee benefits that Fire Department employees receive; and the issues relating to the Paramedic Firefighter position (P-2) which she felt should be discussed at a later date as it was a separate issue from the impasse hearing. Deputy City Attorney Roth answered questions relative to seniority issues regarding the Paramedic Firefighter position (P- 2) . Discussion continued regarding the Fire Department's budget. council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Fire negotiation Impasse Hearing be continued to May 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RECESS MEETING At 11:47 a.m., Mayor Pro Tem Pope-Ludlam declared a five- minute recess. RECONVENE MEETING At 11:54 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:54, Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. RES. 93-122 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WYATT CONSTRUCTION FOR INSTALLATION OF LIGHTING SYSTEMS AT RUBEN CAMPOS, JOHNSON, MILL, LYTLE CREEK AND NICHOLSON COMMUNITY CENTERS. (Continued from April 5, 1993) (R-S) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. 13 4/19/93 Resolution No. 93-122 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,500,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REFUNDING BONDS, ISSUE OF 1993 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA), APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF FINAL FORMS THEREOF. (Discussed later in the meeting) (See page 25) (R-10-A) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $7,500,000 SAN BERNARDINO JOINT POWERS AUTHORITY TAX ALLOCATION REFUNDING BONDS, ISSUE OF 1993 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT.{Discussed later in the meeting) {See page 25) (R-10-B) Rhonda Connelly, Miller and Schroeder, bond consultant, 505 Lomas Santa Fe Drive, suite #200, Solano Beach, CA, answered questions regarding the bond refinancing, and explained the positive and negative aspects of the bond refinancing. Discussion ensued regarding the positive and impacts that the bond refinancing could have on the Development Agency's budget, and the costs associated refinancing. negative Economic with the Tim Steinhaus, Agency Administrator, Economic Development Agency, explained that if the current maturity date was retained throughout the refinancing of the bonds that the Agency could save approximately $45,000 annually. He explained that bond proceeds cannot be used to assist the private sector, and that bond proceeds are used for public improvements. He explained that tax increment funds can be used to assist and encourage private development. Mayor Holcomb expressed support for the refinancing in order to protect the funds from a possible recapture action from the State during the State's budget process. COUNCIL MEMBER ESTRADA EXCUSED At 12:17 p.m., Council Member Estrada left the Council meeting. 14 4/19/93 Tim Sabo, Sabo & Green, special bond counsel to the Economic Development Agency, 6320 Canoga Avenue, suite #400, Woodland Hills, CA, answered questions regarding the refinancing; and explained that there is a possibility that the state could take action during its budget hearings to recapture any unencumbered tax increment monies from cities for the state. He explained that many redevelopment agencies are in the process of this same type of refinancing of bonds to encumber the tax increment with bond issues, and then funding future administrative expenses through bond issues. Discussion ensued regarding the long term impact of the proposed refinancing, and the positive and negative aspects of the proposal. It was the consensus of the Council that further discussion of this item be continued to later in the meeting. RECESS MEETING At 12:28 p.m., Mayor Holcomb recessed the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 00 p. m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: Council Members Estrada, Pope- Ludlam; City Administrator Shauna Clark. PROCLAMATION - BLUE RIBBON WEEK - MAY 3, 7, 1993 1993 TO MAY ( 4-F) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring May 3, through May 7, 1993, as Blue Ribbon Week in support of local law enforcement agencies. william Cozzo, prOClamation. Footprint Association, accepted the PUBLIC HEARING INLAND CENTER MALL JANUARY 11, 1993 DEVELOPMENT AGREEMENT NO. 91-01- EXPANSION PROJECT - CONTINUED FROM (28) /- This is the time and place continued to for a to consider Development Agreement No. 91-01 proposed expansion of Inland Center Mall. public hearing regarding the 15 4/19/93 In a memorandum dated April 9, 1993, Al Boughey, Director of Planning and Building Services, stated that on January 11, 1993, the Mayor and Council continued Development Agreement No. 91-01 to April 19, 1993, regarding the expansion of Inland Center Mall. Mayor Holcomb opened the hearing. Deputy City Attorney Empeno stated that in a letter dated April 16, 1993, Mark Ostoich, Gresham, Varner, Savage, Nolan and Tilden, 600 North Arrowhead Avenue, suite #300, San Bernardino, CA, attorney for the applicant, Mano Management Company, Inc., requested a continuance of the matter until May 10, 1993. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-01 (INLAND CENTER MALL EXPANSION). (continued from January 11, 1993) (28) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing for Development Agreement No. 91-01 to govern the phased expansion of Inland Center Mall, be continued to May 10, 1993, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED At 2:05 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. APPEAL HEARING OFFICER'S STATEMENT OF DECISION- REVOCATION - CONDITIONAL DEVELOPMENT PERMIT NO. 262- GOLDEN EAGLE MOTEL - HONG WEN YANG & LIN MEI-YUNG YANG - CONTINUED FROM APRIL 5, 1993 (29) This is the time and place continued an appeal of the Hearing Officer's regarding the revocation of Conditional 262 for the Golden Eagle Motel. to for consideration of Statement of Decision Development Permit No. Deputy City Attorney Empeno stated that in April 19, 1993, Kenneth Nydam, attorney for requested that the appeal be dismissed. a letter dated the appellant, Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the appeal of the Hearing Officer's statement of Decision regarding the revocation of Conditional Development Permit No. 262 for the Golden Eagle Motel, be dismissed. ~ 16 4/19/93 PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-11- WATER CONSERVATION MEASURES (30) This is the time and place set for a pUblic hearing to consider Development Code Amendment No. 92-11 which would incorporate water conservation requirements, as required in state Assembly Bill AB 325, into the landscape portion of the Development Code. In a memorandum dated March 29, 1993, Al Boughey, Director of Planning and Building Services, stated that the State has enacted state Assembly Bill AB 325 which requires cities to adopt measures to conserve water used for landscaping purposes. During the last two years of California's drought, the Governor's Office, as well as the State Department of Water Resources, issued several mandates to water retailers to develop policies and programs for water conservation. The City Municipal Water Department has an Urban Water Management Plan, which is updated every five years, which includes conversation elements that assist in maximizing use of local water resources. The Environmental Review Committee recommended adoption of a negatiye declaration. At its March 16, 1993 meeting, the Planning commission recommended adoption of the negative declaration and approval of Development Code Amendment No. 92-11. Mayor Holcomb opened the hearing. RES. 93-123 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING GUIDELINES FOR WATER CONSERVATION IN THE LANDSCAPE ENVIRONMENT THROUGHOUT THE CITY. (30) Council Member Miller made a motion, seconded by Council Member Reilly, that the hearing be closed, that the negative declaration be adopted, and that said resolution be adopted. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Maudsley, Minor, Miller. Council Member Pope-Ludlam. No. 93-123 was adopted by Members Estrada, Reilly, Nays: None. Absent: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.28 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), TO INCORPORATE WATER CONSERVATION MEASURES IN THE LANDSCAPING SECTION. First (30) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. .- 17 4/19/93 PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-16- CHANGE LAND USE DESIGNATION FROM RM, RESIDENTIAL MEDIUM, TO CO-2, COMMERCIAL OFFICE NINE PARCELS- NORTHWEST CORNER OF PALM AVENUE & ATLANTIC AVENUE- NORTH SIDE OF STATE ROUTE 30 (31) This is the time and place set for a pUblic hearing to consider General Plan Amendment No. 91-16, a proposal to change the land use designation from RM, Residential Medium, to CO-2, Commercial Office, on nine parcels of land comprising a total of approximately 1.7 acres located on the northwest corner of the intersection of Palm Avenue and Atlantic Avenue, on the north side of the State Route 30 presently under construction. In a memorandum dated March 30, 1993, Al Boughey, Director of Planning and Building services, stated that the site is designated for multi-family use but is an isolated single- family neighborhood; the site is developed with eight residences that collectively constitute an architecturally unique neighborhood; the CO-2, Commercial Office designation permits the conversion of single-family residences for low-intensity office use without loss of architectural integrity; the single-family uses remain permitted uses under CO-2 designation; and the retention of the mUlti-family designation (RM, Residential Medium) could not ensure preservation of the unique neighborhood setting. The Environmental Review Committee reviewed the initial study and recommended a negative declaration. The Planning commission at its March 3, 1993 meeting recommended adoption of the negative declaration and approval of General Plan Amendment No. 91-16. Mayor Holcomb opened the hearing. RES. 93-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-16 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (31) Council Member Maudsley made a motion, seconded by Council Member Hernandez, that the hearing be closed; and that said resolution be adopted. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Maudsley, Minor, Miller. Council Member Pope-Ludlam. No. 93-124 was adopted by Members Estrada, Reilly, Nays: None. Absent: 18 4/19/93 PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 92-10- CHANGE LAND USE DESIGNATION FROM IL, INDUSTRIAL LIGHT, & OIP, OFFICE INDUSTRIAL PARK, TO PCR, PUBLIC COMMERCIAL RECREATION 14.38 ACRES WEST SIDE WATERMAN AVENUE - SOUTH OF DUMAS STREET - NORTH OF SAN BERNARDINO PUBLIC GOLF COURSE (32) This is the time and place set for a public hearing to consider General Plan Amendment No. 92-10, a proposal to change the land use designation from IL, Industrial Light, and OIP, Office Industrial Park, to PCR, Public Commercial Recreation, on approximately 14.38 acres located on the west side of Waterman Avenue approximately 475 feet south of Dumas Street with additional frontage on Dumas Street at its intersection with Amos Avenue, and north of the San Bernardino Public Golf Course. In a memorandum dated March 30, 1993, Al Boughey, Director of Planning and Building Services, stated that the applicant initiated this proposal by requesting that the IL and OIP designations be changed to PCR for the vacant site located southwest of the corner of Waterman Avenue and Dumas Street. The applicants have indicated a desire to develop the amendment site for recreational uses, possibly a tennis club; however, no plans have been submitted. When the applicants do submit plans, a Development Permit would have to be filed as required by the proposed PCR land use designation. Surrounding land uses consist of scattered residential uses and a church to the north; residential uses, vacant parcels and a golf driving range to the west; a public golf course to the south; and a dairy and building materials yard to the east across Waterman Avenue. Upon the adoption of the General Plan on June 2, 1989, most of the amendment site was designated IL, Industrial Light, but with OIP, Office Industrial Park, on the easterly 300 feet of the site along Waterman. The main portion of the site is oriented to the east towards Waterman Avenue while other industrial parcels in the area are oriented to the north. The purpose of the PCR, Public Commercial Recreation, land use designation is to provide for the continuation of existing, and development of new public and private commercial recreation facilities in the City and ensure their compatibility with adjacent uses. The PCR designation would permit the development of the site for public commercial recreation purposes consistent with the existing public recreation facilities in the immediate area including the public golf course and golf driving range to the south and west. The development standards of the proposed PCR land use zoning district would insure the compatibility of any future recreation development with adjacent industrially designated properties. 19 4/19/93 The General Plan Amendment is subject to the provision of the California Environmental Quality Act (CEQA). At its meeting of December 10, 1992, the Environmental Review Committee (ERC) recommended a negative declaration. The Planning Commission, at its March 3, 1993, meeting recommended adoption of the negative declaration and approval of General Plan Amendment No. 92-10. Mayor Holcomb opened the hearing. RES. 93-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-10 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (32) Council Member Miller made a motion, seconded by Council Member Maudsley, that the hearing be closed; and that said resolution be adopted. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Maudsley, Minor, Miller. Council Member Pope-Ludlam. No. 93-125 was adopted by Members Estrada, Reilly, Nays: None. Absent: CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 2:09 p.m., city Administrator Shauna Clark returned to the Council meeting. PUBLIC MEETING CHAPTER 12.92 STREET IMPROVEMENTS- WIDEN STREETS - REPORT (26) In a memorandum dated April 7, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that this is the first project to be conducted under the provisions of Chapter 12.92.035 which enables the City Engineer to require certain property owners to make off-site street improvements in front of their properties as may be necessary to widen the street to match the street width of adjoining parcels. On April 7, 1993 a Notice to Make Improvements was mailed to the owners of the properties as required by Chapter 12.92. Said notices set a public meeting date of April 19, 1993, and a public hearing date of May 24, 1993. This meeting is the first public meeting which is required in addition to the public hearing. The purpose of this public meeting is to provide a public forum for discussion of the proposed project. Protests may be heard, but no action is possible at this time. The estimated cost of the improvement is $86,179, and would have to be upfronted by the City, but would be recouped later through tax bill assessments. In a letter dated April 16, Manager, National Orange Show, 1993, Ester Armstrong, General 689 South "E" Street, San 20 4/19/93 Bernardino, CA, requested an extension of the matter to July 20, 1993. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the public meeting relative to the installation of off-site improvements under the provisions of Chapter 12.92 of the Municipal Code be closed, and the protests, if any, be carried over to the public hearing scheduled for May 24, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. WAIVE FEES - $753.70 - NATIONAL NURSES WEEK RUN - MAY 9, 1993 (27) In a memorandum dated April 12, 1993, Fred Wilson, Assistant City Administrator, stated that a request had been received from Mr. Charles Ferguson relative to conducting the National Nurses Week Run scheduled for May 9, 1993, requesting a waiver of the $753.70 fees connected with the event. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request for waiver of fees in the amount of $753.70 in support of National Nurses Week Run scheduled for May 9, 1993, be approved; and that the event be funded from the civic and promotion funds. CITY ATTORNEY PENMAN RETURNED At 2:12 p.m., city Attorney Penman returned to the Council meeting. REQUEST FUNDING - $3,500 - MISS HISPANIC SAN BERNARDINO PAGEANT - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE (S-l) In a memorandum dated April 14, 1993, Fred wilson, Assistant city Administrator, stated that the Inland Empire Hispanic Chamber of Commerce appeared before the Ways and Means Committee on April 14, 1993, to request funding in the amount of $3,500 to help defray expenses connected with conducting the Miss Hispanic San Bernardino Pageant scheduled for May 1, 1993. The Ways and Means Committee recommended approval of the request. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the request of the Inland Empire Hispanic Chamber of Commerce for $3,500 in Civic and Promotion funds to help defray expenses connected with the conduct of the Miss Hispanic San Bernardino Pageant to be held May 1, 1993, be approved; and that the City Administrator be authorized to execute an agreement outlining the usage of the funds. ~-'" The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Miller. Council Nays: 21 4/19/93 council Member Maudsley. Absent: Council Member Pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.29 TO THE SAN BERNARDINO MUNICIPAL CODE TO CREATE A HISTORICAL PRESERVATION COMMISSION, ESTABLISHING THIS COMMISSION WITH OPERATING PROCEDURES IN CONFORMANCE WITH ALL OTHER CITY COMMISSIONS. First (5-2) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.25 TO THE SAN BERNARDINO MUNICIPAL CODE TO CREATE A YOUTH ADVISORY COMMISSION, ESTABLISHING THIS COMMISSION WITH OPERATING PROCEDURES IN CONFORMANCE WITH ALL OTHER CITY COMMISSIONS. First (S-3) Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinances relating to the Historical Preservation Commission, and the Youth Advisory Commission, be tabled. RESOLUTION OF THE EXECUTION CONSULTANTS, PROFESSIONAL IMPROVEMENT OF "C" STREET. THE CITY OF SAN BERNARDINO AUTHORIZING OF AN AMENDMENT TO AGREEMENT WITH URS INC. RELATING TO THE PROVISION OF ENGINEERING DESIGN SERVICES FOR THE TIPPECANOE AVENUE, DEL ROSA AVENUE AND (S-4) Mayor Holcomb expressed concern regarding the bid amount, and recommended that the local firms who responded with bids be given an opportunity to adjust their bids based on the revised design; and that the matter be continued to May 10, 1993 with the understanding that at that time the bid be awarded to the lowest bidder. Discussion ensued regarding the bid procedures for this project. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the project; and explained that there were six firms that submitted bids to perform the design services for this project; however, when the agreement was being negotiated it became apparent that the scope of services had not been clearly defined. The scope of services for the project had been based on a large sweeping S-curve connecting Tippecanoe to Del Rosa. After review, staff concluded that the sweeping S- curve design may not be the best design and redesigned the project. Staff then requested that one local firm review the revised design, since it had been significantly revised; however, staff did not extend the opportunity to revise the bids to the other firms who responded. The Council expressed concern that the opportunity to revise their bids on the project reconfiguration had not been extended 22 4/19/93 -, to every firm who responded to the original bid. council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the resolution authorizing the execution of an amendment to the agreement with URS Consultants, Inc., relating to the professional engineering design services for the improvement of Tippecanoe Avenue, Del Rosa Avenue and "C" street, be continued to May 10, 1993, and that the Director of Public Works/City Engineer, be directed to advise the six companies that previously submitted bids that they are welcome to submit a revised bid on the new configuration of this project. RES. 93-126 COUNCIL OF REQUEST FOR GAS COMPANY. RESOLUTION OF THE MAYOR AND COMMON THE CITY OF SAN BERNARDINO OPPOSING A A RATE CHANGE BY THE SOUTHERN CALIFORNIA (8-5) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that said resolution be forwarded to the Public utilities commission stating the City's opposition to a proposed rate increase by Southern California Gas Company. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Minor, Miller. Nays: Absent: Council Member Pope-Ludlam. No. 93-126 was adopted by Members Estrada, Reilly, Council Member Maudsley. LITIGATION EXPENSES UPDATE - CITY ATTORNEY PENMAN (8-6) In a memorandum dated April 15, 1993, City Attorney Penman requested that he be permitted to give an update on litigation expenses to date and related matters. City Attorney Penman requested that this matter be continued to May 10, 1993. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the update from city Attorney Penman regarding litigation expenses and related matters, be continued to May 10, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CLOSED SESSION ITEMS REPORT - APRIL 5, 1993 COUNCIL MEETING - CITY ATTORNEY PENMAN (8-7) In a memorandum dated April 15, 1993, City Attorney Penman, requested that he be permitted to give a report on Closed Session items from the April 5, 1993, Mayor and Council meeting. City Attorney Penman stated that on April 5, 1993, the Mayor 23 4/19/93 - and Council, in Closed Session, discussed the 1989 Duffy street case wherein a Southern Pacific Railroad train derailed into several homes. He stated that the City has negotiated an agreement whereby Southern Pacific Railroad agreed to defend and indemnify the City from any lawsuits, and pay any damages, that may arise from the railroad accident. The Mayor and Council made a decision, in Closed Session, to waive the interest on the settlement amount in order to settle the case, and authorized the Mayor to sign releases in the matter. He stated that the City would receive a settlement of approximately $450,000. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the report from City Attorney Penman regarding Closed Session items from the April 5, 1993 Council meeting, be received and filed. DRIVEWAY APPROACH CASTING FACILITY RIALTO AVENUE CONCRETE PRE- (NB-1) In a memorandum dated April 16, 1993, Council Member Hernandez, requested that discussion and possible action be taken to disallow the driveway approach that has been built on Rialto Avenue at a pre-casting facility. He stated that although this item surfaced prior to the posting of the agenda the action to be taken occurred after the posting. ~ Council Member Hernandez made a motion, seconded by Council Member Maudsley, that the item regarding the driveway approach that has been built on Rialto Avenue at a pre-casting facility arose subsequent to the posting of the agenda. City Attorney Penman explained that as this matter did not arise subsequent to the posting of the agenda that it could not be discussed. Council Member Hernandez explained that there was a misunderstanding by staff who failed to place the item on the agenda. The motion failed by the following vote: Members Estrada, Hernandez, Maudsley. Nays: Reilly, Minor, Miller. Absent: Council Member Ayes: Council council Member Pope-Ludlam. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2:44 p.m., City Administrator Shauna Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:44 P.M., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. 24 4/19/93 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,500,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REFUNDING BONDS, ISSUE OF 1993 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA), APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF FINAL FORMS THEREOF. {Discussed earlier in the meeting) {See page 14) (R-10-A) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $7,500,000 SAN BERNARDINO JOINT POWERS AUTHORITY TAX ALLOCATION REFUNDING BONDS, ISSUE OF 1993 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT.(Discussed earlier in the meeting) (See page 14) (R-10-B) Tim Sabo, Sabo & Green, special bond counsel to the Economic Development Agency, 6320 Canoga Avenue, suite #400, Woodland Hills, CA, answered questions regarding the refinancing and distributed an outline of information relating to the Southeast Industrial Park Redevelopment Project Area Tax Allocation Refunding Bonds, Issue of 1981 Series A debt service schedule; the Southeast Industrial Park Redevelopment Project Area Tax Allocation Bonds Issue of 1985 debt service schedule; the Southeast Industrial Park Redevelopment project Area Refunding 1981 A and 1985 Tax Allocation Bonds Issue of 1993 {not level debt service; and (level debt service) comparison dated May 1, 1993. He explained that the reports provide information regarding the benefits, costs, net present value, existing debt service, interest rates, and total debt service. Mr. Sabo explained that the options available to the Council are to refinance and have a $200,000 savings annually for the next thirteen years, or to refinance and have a $45,000 savings annually for the next fifteen years, which would then drop to an average of $18,000 annually for the years 2007 through 2015. The options available are to choose between the two refinancing structures, or to do nothing and maintain the status quo. CITY ATTORNEY PENMAN EXCUSED At 2:47 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ~- Tim Steinhaus, Agency Administrator, Economic Development Agency, answered questions regarding the refinancing options. Discussion ensued regarding the long term impact of the 25 4/19/93 proposed refinancing, and the positive and negative aspects of the proposed options. COUNCIL MEMBER At 3:13 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions relating to the $7,500,000 tax allocation refunding bonds issue of 1993 (Southeast Industrial Park Redevelopment Project Area), be continued to May 10, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor, Nays: Council Member Pope-Ludlam. Absent: None. council Miller. RECESS MEETING At 3:14 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:23 p.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. - ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant city Attorney Barlow, city Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:23 p.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. PUBLIC HEARING DEVELOPMENT BLOCK EQUIPMENT FY 1992/93 MID-YEAR COMMUNITY GRANT FUNDING FIRE DEPARTMENT (R-13) In a memorandum dated April 15, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that the City has conducted community Development Block Grant (CDBG) Public Hearings relative to the allocation of such funds in the month of June. There are sufficient funds in the CDBG Appropriated Reserve to underwrite the proposed projects. Due to the Department of Housing and Urban Development (HUD) regulations and grant 26 4/19/93 conditions, it is prudent that the city obligate its existing funds expeditiously and that the implementing City Departments carry out approved projects quickly and effectively. Federal regulations require a citizens review and Council Public Hearing prior to consideration, discussion and approval of newly proposed CDBG funded projects. Pursuant to this, on April 1, 1993, the community Development citizens Advisory Committee (CDCAC) reviewed the funding request from the Fire Department and recommended the Council approve the proposal as submitted. A majority of the City Fire Department equipment is twenty to thirty years old. Because of the consistent use and age of the equipment, there are resulting high maintenance costs and the distinct possibility the combination of these factors could render the equipment inoperable in an emergency situation. Replacement of this equipment is important. The Fire Department submitted a memorandum dated April 13, 1993, that outlines a priority ranking of each of its itemized thirteen equipment purchase request. Staff is advised that, although all the purchases are needed, it is most critical the Fire Department obtain the three highest ranked equipment requests, that include a ladder truck, and two paramedic fire engines, totaling $1,043,245. Mayor Holcomb opened the hearing. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the public hearing be closed; and that the Mayor and Common Council appropriate $1,043,245 in CDBG funds to finance the purchase of Fire Department equipment in accordance with priorities numbered one, two and three as set forth in the Fire Department Interoffice Memorandum. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the community Development Commission, took action on Community Development Commission items. RECESS MEETING - CLOSED SESSION (1 & R-16) At 4:13 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9{b) (1), as there is significant exposure to litigation; 27 4/19/93 b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code section 54956.9(b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9{C), so that Council/Commission may whether to initiate litigation; pending section decide d. to consider personnel matters pursuant to Government Code section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the pUblic's right of access to public services or public facilities pursuant to Government Code section 54957; f. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: ; ~ g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; City license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9{a) as follows: Stubblef ield Construction Company. et al vs. ci ty of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino superior Court Case No. 252058; Tomas Armendariz. et al vs. James F. Penman. et al. - united States District Court Case No. 91-5757; Julie M. Thompson vs. united States District (RWRx); city Court of San Bernardino. et Case No. SA CV-92-888 al- GT 28 4/19/93 Leslie Bond vs. Community Development commission. et al- San Bernardino Superior Court Case No. 276373; Kenneth Florence vs. civil service Commission and community Development Department - San Bernardino Superior Court Case No. 261625; Kranyac vs. County of San Bernardino. et al - United States District Court Case No. SACV 400 - GLT; Saab vs. city of San Bernardino - San Bernardino Superior Court Case No. 234561; Valerie Pope-Ludlam and Michelle Beaureqard vs. R. Ward. et al - San Bernardino Superior Court Case No. SCV01775. CLOSED SESSION At 4: 13 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Tim Steinhaus, Agency Administrator, Kenneth Henderson, Executi ve Director, Development Department, Economic Development Agency; Senior Assistant city Attorney Barlow; and Charles Green of Sabo and Green. COUNCIL MEMBERS MAUDSLEY & POPE-LUDLAM EXCUSED At 4:29 p.m., Council Members Maudsley and Pope-Ludlam left the Council meeting. ADJOURN CLOSED SESSION At 4:31 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4:31 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ~ 29 4/19/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Miller; City Attorney Penman, city Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Maudsley, Pope-Ludlam. ANNOUNCEMENT - MAYOR HOLCOMB (2) Mayor Holcomb announced that the Mayor and Council, in Closed Session, discussed the Bashir case. ADJOURNMENT (33) At 4:31 p.m., Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the meeting be adjourned to Monday, April 26, 1993, at 9:00 a.m., in the Council Chambers of City Hall, 300 North liD" street, San Bernardino, California. RACHEL CLARK City Clerk By '-;?f:?<. r"~"'-<R . Melanie Vale Deputy city Clerk z;~/:..e' .. --,'1-~ ,f, .-/ ~'- No. of Items: 64 No. of Hours: 6.5 ~ 30 4/19/93